Customer shall purchase products by issuing a written Purchase Order signed by an authorized representative, indicating product names and descriptions, quantity, price, total purchase price, shipping instruction, requested delivery date, bill-to and ship-to addresses, tax exempt certifications if applicable, and any other special instructions and information.
All prices are EX Works, unless otherwise specified in quotation or commercial invoice. Shipping costs and risk of loss from point of shipment (Shenzhen, China) are the responsibility of the customer. For products shipped freight prepaid or insured, OPTKO will bill customer a freight/insurance charge. Taxes and other incurred costs as a result of the sale are also the responsibility of the customer. All sales are final. Transportation way/rates are provided upon request, as an added service.
T/T in advance, or 30 days by letter of Bank Guarantee, as a consequence of customer's delinquency in any payment to OPTKO, shipment of any order may be hold by OPTKO, or Prepayment by customer may be required for further shipments. All payments not received when due shall be subject to an additional charge of one and one half percent (0.5% per month (annual rate 6%) of the unpaid amount or the maximum rate permitted by law, whichever is less, until the date of payment.
All products are made to the mutually agreed written specifications accepted by customer. It applies to all products manufactured or resold by OPTKO.
Any customer part, specification or drawing number appearing on the face hereof is for identification only and does not require that the goods be produced in accordance therewith.
Delivery shall be made in accordance with the terms of this order. If a specific shipping date (excluding an estimated date) is not designated on the face hereof or in a subsequent writing signed by OPTKO, OPTKO shall not be responsible for any delays in filling this order nor liable for any loss or damages resulting from such delays.
The Customer may not cancel, terminate, suspend performance of, or issue a hold on, any Customer order, in whole or in part, without the prior written authorization of OPTKO, which consent, if given, shall be upon terms that will compensate OPTKO for any loss or damage, including but not limited to, the price of Products shipped to, manufactured for, or help separately for, the Customer, and loss of profits, incurred costs, and a reasonable allocation of general and administrative expenses relating to the Products.
Title and risk of loss or damage in respect of the goods or other items sold hereunder shall pass to Customer at the FOB Shipping Point stated on the face hereof, provided that no loss or damage will relieve Customer of any obligation hereunder, including its obligation for payment for lost or damaged goods or other items.
No return on products unless the product quality does not meet the mutually agreed written applicable product specification. In case of quality problems, customer should notify OPTKO within 15 days of the product ship-date to obtain approval on the return, and provide evidence to support the claim. No return for overstocked and unused products.
(1) Any and all defective merchandise must be covered by a Return Merchandise Authorization Number (RMA number) to be obtained from OPTKO´s Customer Service Dept. prior to the return of the merchandise; The Purchaser has 10 days for checking the received delivery. If after this period Purchaser found out that there is a quality problem, 3-5 pieces should be sent to OPTKO factory, on OPTKO cost, to evaluate. If the claim is confirmed by OPTKO factory, OPTKO will replace the defected items in max. 15 days.
(2) Any merchandise received by OPTKO without an RMA number clearly visible on the external portion of the packaging shall be refused and returned to the Purchaser at the Purchaser´s own risk and expense.
(3) Such request for an RMA number from OPTKO shall include the original invoice number of OPTKO the date of the original purchase order placed by the Purchaser, and a detailed description of the alleged defect. OPTKO shall, upon receipt of the merchandise, evaluate any alleged defect and in OPTKO´s own discretion, shall assess whether the product in question is covered by warranty. If the product is found not to be covered by warranty, OPTKO shall obtain Purchaser´s prior authorization of charges and expenses, either verbally or in writing, before repair work shall commence.
OPTKO and Customer agree to keep the confidentiality of information received from each other (excluding information publicly known or independently developed) and not to disclose it to unaffiliated third party (ies) or use it for purposes other than in connection with the goods purchased by Customer from OPTKO under this order.